scholarly journals PERTANGGUNGJAWABAN PIDANA KORPORASI YANG MELAKUKAN KORUPSI PENGADAAN BARANG DAN JASA

2021 ◽  
Vol 2 (02) ◽  
pp. 215-231
Author(s):  
Marthin Simangungsong ◽  
Sihol Marito Siregar
Keyword(s):  
Central Bank ◽  
First Semester ◽  
Inductive Methods ◽  
The Law ◽  
To Receive

A corporate criminal accountability is a corporate obligation to receive a reply for his crimes. These crimes can be appealed to corporations based on theories about how they handle criminal crimes. The study is aimed at understanding the form of corporate criminal accountability under the law no. 31 in 1999, Jo law no. 20 in 2001 on the elimination of corruption crimes, and understanding the corporate criminal accountability of those who are in the corruption management of goods and service ruling no.1 / ppd. SUS/ppd. PST. This study is a normative-law study, with legal sources being primary and secondary legal materials, with regulatory and case approaches, and is then studied descriptively by using deductive and inductive methods to address the problem. Based on research the authors conducted on corporate criminal accountability that underlie the 51st/pd. SUS/tipikor /2018/ pk. JKT. In the first semester of 2008, bank Indonesia the central bank/bi decided to raise its key rate by 25 basis points to 8.25 percent in the second quarter of this year.

PERSINGGUNGAN KEWENANGAN MENGADILI PENYALAHGUNAAN DISKRESI ANTARA PENGADILAN TUN DAN PENGADILAN TIPIKOR / INTERCEPTION OF JUSTICE AUTHORITY OF DISCRETION ABUSE BETWEEN ADMINISTRATION COURT AND CORRUPTION COURTS

2018 ◽  
Vol 7 (2) ◽  
pp. 213
Author(s):  
Budi Suhariyanto
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Administrative Law ◽  
The State ◽  
Government Officials ◽  
Criminal Process ◽  
The Supreme Court ◽  
State Finance ◽  
The Law ◽  
To Receive

Diskresi sebagai wewenang bebas, keberadaannya rentan akan disalahgunakan. Penyalahgunaan diskresi yang berimplikasi merugikan keuangan negara dapat dituntutkan pertanggungjawabannya secara hukum administrasi maupun hukum pidana. Mengingat selama ini peraturan perundang-undangan tentang pemberantasan tindak pidana korupsi tidak merumuskan secara rinci yang dimaksudkan unsur menyalahgunakan kewenangan maka para hakim menggunakan konsep penyalahgunaan wewenang dari hukum administrasi. Problema muncul saat diberlakukannya Undang-Undang Nomor 30 Tahun 2014 dimana telah memicu persinggungan dalam hal kewenangan mengadili penyalahgunaan wewenang (termasuk diskresi) antara Pengadilan Tata Usaha Negara dengan Pengadilan Tindak Pidana Korupsi. Pada perkembangannya, persinggungan kewenangan mengadili tersebut ditegaskan oleh Peraturan Mahkamah Agung Nomor 4 Tahun 2015 bahwa PTUN berwenang menerima, memeriksa, dan memutus permohonan penilaian ada atau tidak ada penyalahgunaan wewenang (termasuk diskresi) dalam Keputusan dan/atau Tindakan Pejabat Pemerintahan sebelum adanya proses pidana. Sehubungan tidak dijelaskan tentang definisi dan batasan proses pidana yang dimaksud, maka timbul penafsiran yang berbeda. Perlu diadakan kesepakatan bersama dan dituangkan dalam regulasi tentang tapal batas persinggungan yang jelas tanpa meniadakan kewenangan pengujian penyalahgunaan wewenang diskresi pada Pengadilan TUN.Discretion as free authority is vulnerable to being misused. The abuse of discretion implicating the state finance may be prosecuted by both administrative and criminal law. In view of the fact that the law on corruption eradication does not formulate in detail the intended element of authority abuse, the judges use the concept of authority abuse from administrative law. Problems arise when the enactment of Law No. 30 of 2014 triggered an interception in terms of justice/ adjudicate authority on authority abuse (including discretion) between the Administrative Court and Corruption Court. In its development, the interception of justice authority is affirmed by Regulation of the Supreme Court Number 4 of 2015 that the Administrative Court has the authority to receive, examine and decide upon the appeal there is or there is no misuse of authority in the Decision and / or Action of Government Officials prior to the criminal process. That is, shortly before the commencement of the criminal process then that's when the authority of PTUN decides to judge the misuse of authority over the case. In this context, Perma No. 4 of 2015 has imposed restrictions on the authority of the TUN Court in prosecuting the abuse of discretionary authority.

Konsep Ihsân dalam Wacana Pendidikan Islam

TAJDID ◽  
2019 ◽  
Vol 26 (1) ◽  
pp. 1
Author(s):  
Husni Husni
Keyword(s):  
Existence Of God ◽  
Good Deed ◽  
The Law ◽  
To Receive ◽  
Islamic Society ◽  
Muslim Scholars ◽  
The Way

This article studies the concept of Ihsan (good deed) in the thought of ulama mufassirs (Muslim scholars interpretering the Qur’an). The result of the study being carried out by the writer is that the concept of ihsan being too narrowly interpreted, proves that it has wide interpretation in the thought of muffasirs. If so far among society the concept of ihsan has been narrowly interpreted on the good deed or doing good deed, so according to mufassirs, the concept means: (1) carrying out all obligations, (2) being patient to receive all the obligation and anything forbidden by God, (3) being obedient and always perfects his obedience in quality as well as in the way, (4) forgiving, (5) being sincere, (6) realizing the existence of God, (7) emphasizing the esoteric aspect rather than exoteric world, (8) knowledge, (9) being firm in the truthfulness, (10) havng understanding about the true teachings of God, (11) having good comprehension about the law appropriately applied among the Islamic society. The wide meaning of this concept because this concept is really expressed by the Koran in context. This article tries to attach the concept of Ihsan in several meanings about the education world

scholarly journals Titles to Life Assurance Policies

1905 ◽  
Vol 2 ◽  
pp. 343-386
Author(s):  
Alfred Ernest Sprague
Keyword(s):  
Legal Proceedings ◽  
Legal Question ◽  
Life Assurance ◽  
The Subject ◽  
The Law ◽  
To Receive ◽  
Made In

The chief object for which insurance offices exist is to pay claims; but before any claim can be paid, the question arises—who is the proper person to receive the payment ? If any mistake be made in this, the office may find itself involved in troublesome and expensive legal proceedings, and be compelled to pay the claim twice over. This consideration shows the necessity of insurance officials having some knowledge of law, as it is almost impracticable for them to refer every legal question to their solicitors; and my present object is to draw attention to some of the elementary points which arise in the ordinary course of our business. On the shelves of the library there are to be found papers by Mr. Barrand, Mr. Warren Crosbie, and Mr. Hayter, which should be studied carefully (in addition to the text books) by every one desirous of qualifying himself for a position of responsibility in the claims or law department of his office; but these papers do not exhaust the subject, and I do not propose to allude to the points discussed therein, except in the cases where some further explanation seems desirable or where there has been an alteration in the law or in the practice of the offices.

scholarly journals FUNGSI BANK INDONESIA SEBAGAI PENGAWAS PERBANKAN DI INDONESIA

2007 ◽  
Vol 37 (4) ◽  
pp. 514
Author(s):  
Mutiara Hikmah
Keyword(s):  
Monetary Policy ◽  
Central Bank ◽  
Market Economy ◽  
Payment System ◽  
Banking Supervision ◽  
Command Economy ◽  
The Law

AbstrakThis article giving elaboration regarding Bank Indonesia role as centralbank that hold significant's role and position in Indonesian economicprogress, so Bank Indonesia ought to take position in the change of economicsystem from command economy to market economy. Considering thatcircumstance the role of Bank Indonesia under Article 23D of Constitution ofRepublic Indonesia has been endorsed to promulgating Peraturan BankIndonesia (Bank Indonesia Regulation) which is has same level withPresidential regulation. That regulation considers to the Bank Indonesiaroles to accomplishing through implementation of Law Number 23 year 1999regarding Bank Indonesia. Under the Law central bank have responsibilityto assure and conserve toward rupiah stability. monetary policy. continuityof payment system and banking supervision

scholarly journals A THEORY OF AGENCY LAW

2011 ◽  
Vol 72 (3) ◽  
Author(s):  
Paula J Dalley
Keyword(s):  
Cost Benefit ◽  
Modern World ◽  
Unified Theory ◽  
Internalization Theory ◽  
Agency Relationship ◽  
The Third ◽  
The Law ◽  
The Cost ◽  
To Receive

Despite the ubiquity of agents in the modern world, agency law does not have a coherent explanation or unified theory. The Restatement (Third) of Agency updates and attempts to explain the law, but its explanations are limited in scope and at times unpersuasive. Like other contemporary commentary on agency law, the Third Restatement draws from contract and tort theory, an approach which ignores the unique features of agency law. Agency law enables principals to act through agents; it also ensures that principals using agents do not thereby escape liability or other consequences of their choices. This paper develops a theory to fit agency law. The "costbenefit internalization theory" is based on the simple premise that the principal, who has chosen to conduct her business through an agent, must bear the foreseeable consequences of that choice. Conversely, as the bearer of the risks, the principal is entitled to receive the benefits created by the agency relationship. The cost-benefit internalization theory explains and illuminates virtually all agency law doctrine.

scholarly journals Gambaran Profil Psikologis Psychopathy Symptoms pada Tahanan Wanita Kasus Korupsi di Lapas Wanita Kelas IIA Sukamiskin Bandung

MANASA ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 98-106
Author(s):  
Medwin Wisnu Prabowo
Keyword(s):  
Marital Relationships ◽  
Middle Level ◽  
Work Setting ◽  
Female Inmates ◽  
Short Term ◽  
Good Relationship ◽  
Low Level ◽  
The Law ◽  
To Receive ◽  
Harmonious Family

There are many crimes that happened in this era, which one of them is corruption. Corruption has become a major phenomenon for each country in this world. Even more, it is not only male who doing the corruption, but female also. They were get some money to satisfy themselves although they have to break the law. This phenomenon has attracted researcher to study the female inmates who was doing corruption, and its relation to psychopathic symptom. Three female inmates in Sukamiskin Penitentiary Institute Class IIA – Bandung, who were convicted based on corruption cases, were chosen as subjects of this study. The result showed that all of three female inmates have a tendency to become a Psychopath, but in the low level to middle level tendencies. The three dominant Psychopathic Symptoms that found: pathological lying, lack of remorse or guilt, and short-term marital relationships. It can be summarized and recommended that among 3 subjects need to receive a counseling and/or psychoeducation so they will be more honest in their work setting, and to educate them that its important to have a good relationship to build a harmonious family.

ON THE PROBLEMS OF EXERCISING THE AUTHORITY OF THE REPRESENTATIVE OF THE CLAIMANT TO RECEIVE THE AWARDED FUNDS: ALL DOUBTS ARE NOT IN FAVOR

2021 ◽  
Vol 10 (6) ◽  
pp. 294-316
Author(s):  
E.V. ZAICHENKO
Keyword(s):  
Bank Account ◽  
Judicial Practice ◽  
Special Power ◽  
The Law ◽  
The Right ◽  
To Receive

The author examines the problematic aspects of the implementation by the representative of the claimant under the enforcement document of a special power to receive funds both in the course of enforcement in the presence of enforcement proceedings initiated in the relevant division of bailiffs, and in the order of presenting the writ of execution directly to a Bank or other credit organization. It is stated that there is no uniformity of judicial practice on the issue of recognizing the right of a representative to demand the transfer of funds due to the recoverer to the account of the recoverer’s representative in the event of the exercise of this power during the initiated enforcement proceedings. The article substantiates the provision on the involuntary nature of the Bank’s actions carried out in accordance with Article 8 of the Law on Enforcement Proceedings, as well as on the unreasonableness of the ban on transferring funds to the personal Bank account of the representative in the case of applying with an enforcement document to the Bank for the purpose of collecting in a simplified manner. It is concluded that there are no significant grounds for differentiating the considered options for collecting funds in order to determine whether the representative of the recoverer has the right to receive the money awarded to the recoverer.

23. Financial Remedies:

2015 ◽  
pp. 867-933
Author(s):  
N V Lowe ◽  
G Douglas
Keyword(s):  
Social Factors ◽  
Case Law ◽  
Financial Protection ◽  
Factors Affecting ◽  
Societal Changes ◽  
The Law ◽  
Financial Arrangements ◽  
To Receive ◽  
Over 40 Years

Most of the legislation governing the financial arrangements on the ending of a marriage dates back over 40 years, when attitudes and economic and social factors affecting marriage were very different. This chapter examines courts' attempts to keep the law in step with societal changes through case-law. It considers how the orders made by the courts are enforced or altered in the light of subsequent events, and what provision can be made for spouses who are divorced abroad and may have been unable to receive appropriate financial protection in those proceedings. It concludes by discussing proposals for thoroughgoing reform of this area of law.

11. Free movement of services: the freedom to provide and receive services

2018 ◽  
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
Health Care ◽  
European Union ◽  
Direct Effect ◽  
Public Interest ◽  
Market Access ◽  
Free Movement ◽  
Health Care Provision ◽  
The European Union ◽  
The Law ◽  
To Receive

This chapter reviews the law on the free movement of services in the European Union. It discusses the service economy and the law on services; non-discrimination and the direct effect of Article 56 of the TFEU; the meaning of services; remuneration; economic services and other activities; services and cross-border activity; the freedom to provide a service; the freedom to receive services; health care provision and the receipt of services; services that move, where the provider and recipient do not; limitations on services freedom; public interest grounds limiting the freedom of Article 56 TFEU; proportionality and limitations on services; illegal services; and the focus on market access and the facilitation of services in the Services Directive.

scholarly journals Suicide in Dublin: II. The Influence of Some Social and Medical Factors on Coroners' Verdicts

1975 ◽  
Vol 126 (4) ◽  
pp. 309-312 ◽  
Author(s):  
Brendan Walsh ◽  
Dermot Walsh ◽  
Brendan Whelan
Keyword(s):  
Important Influence ◽  
Suicidal Intent ◽  
Factors Associated ◽  
Medical Factors ◽  
The Law ◽  
To Receive ◽  
Official Data

SummaryThis paper presents an analysis of the factors which influence coroners in their decision to classify some deaths as suicides and others as accidental or ‘open‘. The most important influence on coroners' behaviour was seen to be the manner by which the person died. Those who died by cutting, hanging, drugs or gas were significantly more likely to receive a suicide verdict than those whose deaths were due to drowning, jumping, shooting or poisoning. If the deceased left any intimation of a suicidal intent, this increased the likelihood that a suicide verdict would be returned. Finally, persons aged under 40 were significantly more likely to be returned as suicides than older victims, especially those aged over 70. All of these results show that coroners operate by observing the law as it defines suicide, that is, by looking for evidence of intent of self-inflicted death. Our findings concerning the factors associated with the suicide verdict help to clarify the meaning of the official data on suicides in Ireland, and illuminate the reasons why, using clinical rather than legal criteria, a much higher rate is obtained.

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